In order to understand the above Kerala High Court in one of its Judgment states that, “When there is an appointment or a named person in the testament or a Will as executor, the Court can grant probate to such executor with a “grant of administration to the estate of the testator” and when there is no such executor either named or nominated or appointed by the testator in the Will or codicil (testament), the court can appoint a person with the authority to “administer the estate of a deceased person”. In fact, the purpose to be served by an executor or an administrator is identical and same in all respects i.e. administer the estate of deceased person/the testator. The language employed by the legislature in the definition clause (a) and (f) of the Indian Succession Act, 1925 is so crucial that in clause (a) what is stated is “estate of a deceased person” presumably on the reason that letters of administration can be granted both in the case of testamentary succession and non-testamentary succession, which is clear from the language in Section 212 of the Act.

On the contrary, the wording used in clause (f) pertaining to the grant of probate is the expression “estate of the testator” which would make it clear that clause (f) and Grant of probate would operate only when there is testamentary succession and not otherwise. The expression used in clause (a) regarding issuance of letters of administration is “estate of a deceased person” and not the testator. This would show that letters of administration can be issued both in testamentary and non-testamentary succession.